Personal Injury FAQs

Personal Injury FAQs

What is a personal injury claim?

If you were injured in an accident, or were hurt due to someone else’s wrongful conduct, you may be entitled to file a personal injury claim. This is a type of lawsuit in which an injured person alleges that the negligence or strict liability of another party directly caused or contributed to their injuries. Personal injury claims are filed as a result of someone else’s wrongful conduct or fault giving rise to liability for any resulting injuries. This is a civil remedy rather than a criminal type action. Not all personal injury claims go to trial. Personal injury cases are typically resolved by settlement, although a small percentage of cases are presented to a jury which makes the ultimate decision in the form of a verdict.

Do I really need to hire a personal injury lawyer?

By giving us a call and explaining your situation allows us the opportunity to provide you your options for seeking redress and appropriate compensation for your injuries. If we determine that you have a legally viable injury claim, then it may be in your best interest to hire our firm to provide you the ability to optimize your potential recovery by way of a settlement or, if necessary, a jury award. Please feel free to give us a call!

How much will I recover?

The best way to determine how much you may recover is to discuss the specifics of your case with someone at our firm. There are a host of variables that may impact upon the value of your injury claim, these include: extent and severity of your injuries, the present and future medical costs associated with your injury, loss of earnings, loss of enjoyment of life activities, anxiety, pain and suffering , both past and future, property damage, and possibly punitive damages. The value of these itemized losses and damages will contribute to the total value of your claim. Once we are able to reach an agreement on the amount of recovery to pursue on your behalf, you may rest assured we will vigorously fight to optimize the compensation you receive for the injuries suffered.

How much time do I have to file a personal injury claim?

Generally speaking, Nevada law provides a two year time period limitation for formally filing a personal injury lawsuit in court.

Will my case go to trial?

If your personal injury case is not settled prior to filing a lawsuit, there is still a chance it may settle without a trial. However, there are circumstances where a trial is required in the event the party who caused the injury is unwilling to pay the full measure of compensation to which an injured person is entitled to receive under the law.  The trial process allows a jury to make the final decision regarding the amount to award an injured person after hearing all of the facts and circumstances concerning the specific case presented.

What is the difference between a settlement and a verdict?

A settlement is a voluntary agreement between the injured person and the person whose wrongful conduct caused the injury to resolve the claim by an agreed upon amount which is to be paid to the injured person by the party who caused the injury – this is usually paid by the insurance company, if applicable. Acceptance of the settlement amount ends the claim and there is, generally speaking, no prospect of being able to receive any additional compensation even if it is later determined that the sum paid turned out be insufficient; so needless to say, it is important to understand the full scope and extent of any injuries prior to settling a claim.

On the other hand, a verdict is a final decision reached by a jury. A jury verdict can result in an award for a specific sum of money in favor of the injured person or it can result in a decision against the injured person depending upon the nature of the evidence and the manner in which it was presented.

What is negligence?

Many personal injury claims are filed on the basis of negligence. Negligence, in its most basic terms, means the wrongful conduct committed by a person or entity which causes an injury to another person.

What are punitive and compensatory damages?

Punitive damages are imposed as a means to punish a person or company for serious misconduct or fraud as well as to serve as a deterrent for such misconduct by them and others, by way of example.

Compensatory damages are designed to redress the losses and injuries suffered by someone due to the wrongful conduct committed by another person or company. The amount can include compensation for past and future medical bills, wage loss, loss of enjoyment of life activities, legal fees, anxiety, pain and suffering (both past and future), etc. The ultimate goal is to provide a full measure of compensation to address the losses and injuries caused by the wrongful conduct of a person or company.

Is there a time limit to seek medical treatment after an accident?

There is no legal time limit to see a doctor. Generally speaking, any medical expenses relating to an injury must be found to have been caused by the event giving rise to the injury. So the sooner someone receives appropriate medical treatment for the injury caused by the event, the easier it is for a medical professional to relate the injury as having been caused by the specific event for which the treatment was provided.

Can I sue for something that could have happened?

Generally speaking, the law does not provide compensation for speculative type losses that are not realized. Rather, real injuries and losses caused by the wrongful conduct of another person or company are compensable under the law. The fact that something “might” or “could” have happened does not give rise to damages recognized under the law.

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